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The People v. Steven Ward Howe

August 16, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
STEVEN WARD HOWE, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. MCYKCRF10-1799, MCWDCRM10-1896, MCYKCRTR10-1880 & MCWDMSTR10-1800)

The opinion of the court was delivered by: Blease , Acting P. J.

P. v. Howe CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following the consolidation of four superior court cases that had arisen from a single investigation, defendant Steven Ward Howe pleaded no contest to second degree commercial burglary (Pen. Code, §§ 459, 460, subd. (b)); felony hit and run (Veh. Code,*fn1 § 20001, subd. (a)); cutting trees without a permit (Pen. Code, § 384a); possession of drug paraphernalia (Health & Saf. Code, § 11364); resisting an executive officer (Pen. Code, § 69); and two counts of driving with a suspended driver's license (§ 14601.1, subd. (a)). Defendant admitted that he had suffered three prior convictions for driving on a suspended license (§ 14601.1, subd. (b)(2)) and had served a prior prison term (Pen. Code, § 667.5, subd. (b)).

Defendant was sentenced to state prison for two years four months, consisting of one year four months for the burglary and one year for the prior prison term. Sentences for the two counts of driving with a suspended driver's license were satisfied by time already served. The remaining counts were sentenced concurrent to an existing parole violation or were satisfied by time served. Defendant was awarded 99 days' custody credit and 98 days' conduct credit.*fn2

On appeal, defendant contends the trial court erred at sentencing when it denied his request to dismiss the two counts of driving with a suspended driver's license. We shall modify the judgment.

FACTS

The facts of defendant's offenses are not at issue, and the appellate record does not contain the police reports that were stipulated to contain the factual bases for the pleas. We thus provide a brief summary of the two counts that are at issue in this appeal.

The complaints allege that, on February 28, 2010, defendant drove a vehicle while his driver's license was suspended or revoked. (Case No. MCWDMSTR10-1800.)

On December 4, 2010, defendant again drove with a suspended or revoked license. He was involved in, and left the scene of, an accident involving an injury to another person. (Case No. MCYKCRTR10-1880.)

DISCUSSION

Defendant contends the trial court erred at sentencing when it denied his request to dismiss the two convictions for driving with a suspended driver's license (§ 14601.1, subd. (a)), or strike the associated fines, pursuant to section 41500, subdivision (a). We are not persuaded.

Section 41500 provides in relevant part: "(a) No person shall be subject to prosecution for any nonfelony offense arising out of the operation of a motor vehicle . . . which is pending against him at the time of his commitment to the custody of the Director of Corrections or the Department of the Youth Authority. [¶] . . . [¶] (e) The provisions of subdivision[] (a) . . . do not apply to any offense ...


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